User Guide to the Docket for the 2008 Proposed Effluent Limitation
Guidelines and New Source Performance Standards for the Construction and
Development Category

Prepared for:

U.S. Environmental Protection Agency

Engineering and Analysis Division

Office of Water

1200 Pennsylvania Avenue, NW

Washington, D.C.  20460

Prepared by:

PG Environmental, LLC

447B Carlisle Drive

Herndon, VA 20170

December 2008

1.0 OVERVIEW 

The U.S. Environmental Protection Agency (EPA) is proposing effluent
limitation guidelines (ELGs) and New Source Performance Standards (NSPS)
for discharges associated with construction and development activities.
These guidelines and standards would require discharges from certain
construction sites to meet a numeric turbidity limit. The guidelines and
standards would also require all construction sites currently required
to obtain a NPDES permit to implement a variety of best management
practices (BMPs) designed to limit erosion and control sediment
discharges from construction sites.

This document provides information on the documents and analyses in the
docket supporting the 2008 Proposed Effluent Limitation Guidelines and
New Source Performance Standards for the Construction and Development
Category [Federal Register: November 28, 2008 (Volume 73, Number 230)].

2.0 BACKGROUND INFORMATION ON THE DOCKET 

What is the Docket and How Can I Gain Access to It? 

Docket ID No. EPA-HQ-OW-2008-0465 is the official docket for EPA’s
2008 Proposed Effluent Limitation Guidelines and New Source Performance
Standards for the Construction and Development Category.  The official
docket consists of the documents specifically referenced in the Federal
Register notices of these actions, any public comments received, and
other related information.  Although it is a part of the official
docket, Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute is not included in the
materials available to the public. 

The official public docket is the collection of electronic and hard copy
materials that is available for public viewing at the Water Docket in
the EPA Docket Center, (EPA/DC), located in the EPA Headquarters
Library, EPA West, Room Number 3334, 1301 Constitution Avenue, NW,
Washington, DC.  An electronic version of the public docket is available
through a federal-wide electronic docket management system located at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov . 

You may use the Regulations.gov web site to view public comments, access
a listing of the contents of the official docket, and access those
documents in the public docket that are available electronically. 
Certain documents are not available in the electronic docket system. 
These documents include, but are not limited to, copyright-protected
material and physical objects such as maps, aerial photographs, colored
charts, etc., as well as electronic files such as databases.  Although
not all docket materials may be available electronically, you may still
access any of the publicly available docket materials at the EPA Docket
Center.

How is the Docket for EPA’s 2008 Proposed Effluent Limitation
Guidelines and New Source Performance Standards for the Construction and
Development Category related to the Docket for the 2002 and 2004
Rulemaking Efforts?

Documents supporting the 2002 and 2004 regulatory efforts related to the
Construction and Development Category are located in Docket ID No.
EPA-HQ-OW-2002-0030.  References contained in the rulemaking docket that
were used in the 2008 Proposed Effluent Limitation Guidelines and New
Source Performance Standards for the Construction and Development
Category are included in this docket (Docket ID No.
EPA-HQ-OW-2008-0465).

3.0 ACCESSING INFORMATION IN THE DOCKET 

How do I Find Documents in the Docket? 

Water Docket in the EPA Docket Center

The official public docket is the collection of electronic and hard copy
materials that is available for public viewing at the Water Docket in
the EPA Docket Center, (EPA/DC), located in the EPA Headquarters
Library, EPA West, Room Number 3334, 1301 Constitution Avenue, NW,
Washington, DC.  The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays.  The telephone
number for the Public Reading Room is (202) 566–1744, and the
telephone number for the Water Docket is (202) 566–2426.  You can also
contact the Water Docket via e-mail: OW-Docket@epa.gov.

Regulations.gov

You will find instructions for using Regulations.gov on its Internet
home page.  Regulations.gov provides limited electronic search
capabilities.  Click on the "Search for Dockets" link found at the top
of the webpage.  Input the docket identification number
(EPA-HQ-OW-2008-0465) in the field marked as "Docket ID.”  Click on
the "EPA-HQ-OW-2008-0465" link found under the table row marked as
"Docket ID.”  You will now see a listing of the contents of the
official docket in the public record.  The listing includes the Document
ID Number (e.g., EPA-HQ-OW-2008-0465-0001), Document Title (e.g.,
“Notice of Availability of the 2008 Proposed Effluent Limitation
Guidelines and New Source Performance Standards for the Construction and
Development Category”), Date Posted (e.g., “06/12/2008”), and
Document Type (e.g., “Notice”).

You can use the Regulations.gov advanced search tools to search for
documents using all or a portion of the document title or its full
Regulations.gov Document ID Number.  You can also search the specified
docket for selected Document Types (e.g., public submission).  Finally,
you can use Regulations.gov advanced search tools and a Document Control
Number (DCN) to retrieve a particular document.  Specifically, from the
main Regulations.gov webpage you will click on the "Search for
Documents" found at the top of the page.  Next, key in
“EPA-HQ-OW-2008-0465” in the "Document ID" field and the Document
Control Number (DCN) (e.g. “DCN 45100”) in the "Document Title"
field in order to retrieve your document.

What is the Docket EPA-HQ-OW-2008-0465 Subject Outline? 

EPA has prepared a subject outline of the documents included in
EPA-HQ-OW-2008-0465 to help you locate documents that address related
topics or subjects.  The subject outline for EPA-HQ-OW-2008-0465 is
provided in Attachment 1.  Each section of the subject outline contains
one or more documents that relate to a particular subject or topic. 
With the exception of public submissions, each document in the docket
has been assigned to an outline section. 

What is the Docket EPA-HQ-OW-2008-0465 Subject Index? 

The docket EPA-HQ-OW-2008-0465 subject index is a list of documents in
the docket, sorted by subject outline section, available as Attachment 2
to this document.  Because of its size, Attachment 2 is available
separately, at DCN 43110.  Each document in the docket has two document
identification numbers.  One is the Regulations.gov Document ID Number
(e.g., EPA-HQ-OW-2008-0465-0001) that was assigned when EPA added the
document to the official docket.  The second is the document control
number (DCN) that was assigned during the development of the document
(e.g., DCN 45100).  In documents prepared for the docket, EPA typically
identified references by their DCN.  The DCN appears at the end of the
document titles in the Document Title field listed in Regulations.gov
(e.g., “Technical Development Document for the 2008 Proposed Effluent
Limitation Guidelines and New Source Performance Standards for the
Construction and Development Category [DCN 43107]”).  Public
Submissions (comments) that were submitted directly to the docket by the
public also have DCNs and are included in the subject index.

The subject index summarizes certain information that may be provided
for each document, including the subject outline section,
Regulations.gov Document ID Number, DCN, document title, author, and
abstract.

The subject index for the docket includes the following fields:

Field Name 	Description 

Subject Outline Section 	Section number from docket outline 

DCN 	Unique document control number (DCN) assigned during the
development of the document 

Type of Record Item (Sub-Type)	Sub-type of supporting and related
materials 

Title 	Title of document 

Abstract 	Additional description of document 

Pages 	Number of pages in document 

Author 	Author of document (Last name, first full name) 

Author Date 	Date of publication, issue, edition, or version. Actual
date of meeting or telephone call. 

Source Citation 	For copyright protected documents, this is a
bibliographic citation (without title or author) that you can use to
find the document in a library. For materials retrieved from the
Internet, Source Citation lists the URL. 

Copyrighted 	Materials that are copyright protected (e.g., books and
other published material).  These documents are not available through
Regulations.gov but are only available in hard copy at the EPA Docket
Center. 

CBI 	Confidential Business Information (Yes/No). CBI is not available to
the public. 

Regulations.gov Document ID Number 	Unique document number assigned when
EPA added the document to the official docket. The Document ID Number
includes the Docket Number followed by a consecutive document number. 



How Do I Use the Subject Listing to Find Documents in the Docket? 

Review the subject outline to determine which section may contain the
documents of interest. Then locate documents for that section in the
index and note their Regulations.gov Document ID Number.  Documents
available electronically can be accessed through Regulations.gov.  Other
documents can be reviewed at the Water Docket in the EPA Docket Center
in Washington, DC. See information on the Water Docket above.  You may
also be able to locate copyright protected materials (for example,
articles from technical publications) at an academic or public library. 

Confidential Business Information

The docket contains some documents that contain confidential business
information (CBI).  CBI documents are not available for review by the
public, and are not filed in the Water Docket in the EPA Docket Center. 
Some documents are classified as CBI because companies providing the
information specifically claimed certain information (e.g., operating or
financial data) as CBI. Other documents are classified as CBI because
release of these documents could indirectly reveal information claimed
to be confidential.

Documents Cited in the Federal Register Notice and Other Key Documents

Documents cited in the 2008 Proposed Effluent Limitation Guidelines and
New Source Performance Standards for the Construction and Development
Category [Federal Register: November 28, 2008 (Volume 73, Number 230)]
are listed in Attachment 3, with their Regulations.gov Document ID
Numbers noted.  Key supporting documents are also available on EPA’s
Effluent Guidelines Program Planning webpage:   HYPERLINK
"http://epa.gov/waterscience/guide/construction" 
http://epa.gov/waterscience/guide/construction .

4.0 FURTHER INFORMATION 

The primary contact regarding questions or comments on Docket ID No.
EPA-HQ-OW-2008-0465, the 2008 Proposed Effluent Limitation Guidelines
and New Source Performance Standards for the Construction and
Development Category is as follows:

Mr. Jesse Pritts, P.E.

U.S. EPA Engineering and Analysis Division (4303T)

1200 Pennsylvania Avenue NW

Washington, DC 20460

(202) 566-1038 (telephone)

(202) 566-1053 (fax)

pritts.jesse@epa.gov



Attachment 1

SUBJECT OUTLINE FOR THE 2008 PROPOSED EFFLUENT LIMITATION GUIDELINES AND
NEW SOURCE PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT
CATEGORY DOCKET

EPA-HQ-OW-2008-0465

2008 Proposed Effluent Limitation Guidelines and New Source Performance
Standards for the Construction and Development Category Docket Subject
Outline 

Docket EPA-HQ-OW-2008-0465

The following existing sections include the docket materials for Docket
EPA-HQ-OW-2008-0465:

1	STATE, REGIONAL, AND MUNICIPAL CONSTRUCTION REGULATIONS

2	TECHNICAL BACKGROUND INFORMATION

2.1	Erosion and Sediment Controls

	2.2	USDA National Resource Inventory Database

	2.3	State Soil Geographic Database

	2.4	EPA Notice of Intent (NOI) Database

	2.5	State NOI Data

	2.6	Reach File 1 Data

	2.7	NOAA National Weather Service Precipitation Data

	2.8	National Land Cover Dataset (NLCD)

	2.9	Other

3	LOADINGS ESTIMATION METHODOLOGY

4	ADVANCED TREATMENT SYSTEMS

5	PUBLIC PARTICIPATION

6	USAGE AND COST COMPLIANCE (ECONOMIC ANALYSIS)

7	ENVIRONMENTAL ASSESSMENT

8	REGULATORY OPTIONS SELECTION AND RATIONALE

9	STATISTICAL ANALYSIS 

10	OMB REVIEW

10.1	Documents Submitted to OMB

10.2	Changes to Rule Proposal

11	TECHNICAL SUPPORT DOCUMENTS AND APPENDICES

12	FEDERAL REGISTER NOTICE



Attachment 2

SUBJECT INDEX LISTING ALL DOCUMENTS SUPPORTING

THE 2008 PROPOSED EFFLUENT LIMITATION GUIDELINES AND NEW SOURCE
PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT CATEGORY

See DCN 43110.  The Subject Index is in a separate document due to page
length.



Attachment 3

DOCUMENTS CITED IN THE FEDERAL REGISTER NOTICE SUPPORTING

THE 2008 PROPOSED EFFLUENT LIMITATION GUIDELINES AND NEW SOURCE
PERFORMANCE STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT CATEGORY

Attachment 3: Documents Cited in the Proposed 2008 ELG FRN

DCN	Regulations.gov 

Document ID Number	Title / Subject

01350	EPA-HQ-OW-2008-0465-0140	Final Report: Improving the Cost
Effectiveness of Highway Construction Site Erosion and Pollution Control
(DCN 01350)

41005	EPA-HQ-OW-2008-0465-0329	Soil Facts Chemical Treatment to Control
Turbidity on Construction Sites (DCN 41005)

41010	EPA-HQ-OW-2008-0465-0331	The Feasibility of Numeric Effluent
Limits Applicable to Discharges of Storm Water Associated with
Municipal, Industrial and Construction Activities: Storm Water Panel
Recommendations to the California State Water Resources Control Board
(DCN 41010)

41109	EPA-HQ-OW-2008-0465-0412	Email from Dick Hetherington to Jesse
Pritts re: polymer floc logs (DCN 41109)

41111	EPA-HQ-OW-2008-0465-0413	Chemical Treatment Guideline (DCN 41111)

41113	EPA-HQ-OW-2008-0465-0414	Guidelines for the Use of the Revised
Universal Soil Loss Equation (RUSLE) Version 1.06 on Mined Lands,
Construction Sites and Reclaimed Lands (DCN 41113)

41114	EPA-HQ-OW-2008-0465-0415	Geosyntec Memo 8/07 for CA Building
Industry (DCN 41114)

41115	EPA-HQ-OW-2008-0465-0532	Small Business Enforcement Fairness Act
(SBREFA) Background Materials (DCN 41115)

41116	EPA-HQ-OW-2008-0465-0416	Power Point Meeting Handout (DCN 41116)

41117	EPA-HQ-OW-2008-0465-0417	Questions for Potential Small Entity
Representatives (SERs) (DCN 41117)

41118	EPA-HQ-OW-2008-0465-0418	Costs and Loadings Estimates (DCN 41118)

41119	EPA-HQ-OW-2008-0465-0433	Appendix on Evaluating Soil Nature and
Soil Erosion Representative of Major U.S. Metropolitan Areas (DCN 41119)

41120	EPA-HQ-OW-2008-0465-0501, -0501.1, -0501.2, and -0501.3	Pre-Panel
Comments Received - 4 parts (DCN 41120)

41121	EPA-HQ-OW-2008-0465-0489	List of participating Small Entity
Representatives (SERs) (DCN 41121)

41122	EPA-HQ-OW-2008-0465-0490	Revised version of Questions for Small
Entity Representatives (SERs) (DCN 41122)

41123	EPA-HQ-OW-2008-0465-0533	Summary of Vendor ATS Meeting held on 8
September 2008 (DCN 41123)

41124	EPA-HQ-OW-2008-0465-0491	Advanced Treatment System (ATS)
California Site #5 Spreadsheet (DCN 41124)

41125	EPA-HQ-OW-2008-0465-0492	Trio of Advanced Treatment System (ATS)
Vendor Bids (DCN 41125)

41126	EPA-HQ-OW-2008-0465-0493	Response to Small Entity Representatives
(SERs) Questions from 8/25/08 Outreach (DCN 41126)

41127	EPA-HQ-OW-2008-0465-0494	Technical Engineering Evaluation Report
for the Chitosan-Enhanced Sand Filtration Technology for Flow-Through
Operations (DCN 41127)

41128	EPA-HQ-OW-2008-0465-0495	Clear Creek Systems, Inc., Active
Treatment Systems for Construction Stormwater (DCN 41128)

41129	EPA-HQ-OW-2008-0465-0496	Evaluation of Active Treatment Systems
(ATS) for Construction Site Runoff (DCN 41129)

41130	EPA-HQ-OW-2008-0465-0497	Rain for Rent Chitosan-Enhanced Sand
Filtration Example Quote #1 (March 2008) (DCN 41130)

41131	EPA-HQ-OW-2008-0465-0498	Rain for Rent Chitosan-Enhanced Sand
Filtration Example Quote #2 (March 2008) (DCN 41131)

41132	EPA-HQ-OW-2008-0465-0499	Summary of Vendor Costs (DCN 41132)

41133	EPA-HQ-OW-2008-0465-0500	Agenda for Wednesday, September 17, 2008
meeting of the Small Business Advocacy Review Panel (DCN 41133)

41136	EPA-HQ-OW-2008-0465-0572	Summary of the Convening of a Small
Business Advocacy Review Panel for EPA's proposed rule for the ELGs for
the Construction and Development Point Source Category (DCN 41136)

41137	EPA-HQ-OW-2008-0465-0487	California Draft Construction Permit
March 08 and Draft Fact Sheet for Water Quality Order 2008-XX-DWQ (DCN
41137)

41138	EPA-HQ-OW-2008-0465-0488	Memorandum to Record from J Pritts on
additional discharge data and sensitivity analysis of loads (DCN 41138)

43017	EPA-HQ-OW-2008-0465-0290	EPA 2007 California Regulations Summary 
(DCN 43017)

43071	EPA-HQ-OW-2008-0465-0264	Erosion Prevention and Sediment Control
Computer Modeling Project (DCN 43071) 

43082	EPA-HQ-OW-2008-0465-0393	The Potential for Substantial
Improvements in Sediment and Turbidity Control (DCN 43082)

43083	EPA-HQ-OW-2008-0465-0392	NC DOT COIR Fiber Baffle (DCN 43083)

51017	EPA-HQ-OW-2008-0465-0176	Reed Construction U.S. Housing Starts
Forecast (DCN 51017)

52105	EPA-HQ-OW-2008-0465-0162	Housing Impact Analysis (DCN 52105)



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EPA Docket Number EPA-HQ-OW-2008-0465

DCN 43109

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